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State v. Nankervis

The sentencing provisions of the methamphetamine trafficking statute are constitutional.

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This case stems from Appellee Thomas Nankervis’ prosecution for methamphetamine trafficking pursuant to OCGA § 16-13-31 f. After the jury returned a guilty verdict on methamphetamine trafficking, the trial court held that the methamphetamine trafficking statute was unconstitutional and sentenced Nankervis for manufacturing a controlled substance pursuant to the rule of lenity. The State appeals, and we now hold that the methamphetamine trafficking statute is constitutional and that rule of lenity does not apply in this case. Accordingly, we reverse the trial court’s ruling, vacate the judgment in part, and remand.

On June 15, 2011, a Columbia County grand jury indicted Nankervis for trafficking in methamphetamine, failure to maintain lane, and violation of the open container law. After pleading not guilty, Nankervis filed a motion to dismiss the indictment on the ground that the sentencing provisions of the methamphetamine trafficking statute, OCGA § 16-13-31 f 1, g 1, and g 2,1 are unconstitutional.

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